Kansas City Southern Railway Co. v. Second Street Improvement Co.
Supreme Court of Missouri
Appeal from Jackson Circnit Court. — Eon. Thomas J. Beehorn, Judge. (1) At the time of the institution, of this suit there was no statutory law permitting a railroad company to condemn land merely for “tracks, sidetracks, switch tracks and like appurtenances of a railroad yard,” and if there was any such law it is incumbent upon respondent to show the right has been given it in express terms or by necessary implication.
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Appeal from Jackson Circnit Court. — Eon. Thomas J. Beehorn, Judge. (1) At the time of the institution, of this suit there was no statutory law permitting a railroad company to condemn land merely for “tracks, sidetracks, switch tracks and like appurtenances of a railroad yard,” and if there was any such law it is incumbent upon respondent to show the right has been given it in express terms or by necessary implication. Bridge Co. v. Stone, 173 Mo. 1. (2) If the respondent had the power to condemn any lands for the above purpose, it did not have power to condemn land outside the limits of…
1Opinion of the CourtGraves, J.
— This is a condemnation proceeding, but one with some rather unusual features. A number of parties, headed by Arthur E. Stilwell and E. L. Martin, were interested in the construction of a railroad from Kansas City, Missouri, to the Gulf of Mexico. To this end there seems to have been several companies organized, which were largely officered by the same parties, and which seem to have had a community of interest in the one project, i. e., the railroad from Kansas City to the Gulf. The railroad proper, which did not touch Kansas City, but started from Grandview, near Kansas City, was built by…
2Cases cited15 opinions
- Secombe v. Railroad Co.Supreme Court of the United States · 1874
- Northern Central Railway Co. v. Canton Co.Court of Appeals of Maryland · 1869
- Chicago, Milwaukee & St. Paul Railway Co. v. Randolph Town-Site Co.Supreme Court of Missouri · 1890
- Lyon v. Green Bay & Minnesota Railway Co.Wisconsin Supreme Court · 1877
- Simpson v. Kansas CitySupreme Court of Missouri · 1892
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- City of St. Louis v. VasquezSupreme Court of Missouri · 1960
- KAMO Electric Cooperative, Inc. v. BakerSupreme Court of Missouri · 1956
- Cotton v. Ship-By-Truck Co.Supreme Court of Missouri · 1935
- School District v. Phoenix Land & Improvement Co.Supreme Court of Missouri · 1923
- City of Cape Girardeau v. HunzeSupreme Court of Missouri · 1926
12 more not listed; retrieve them via the Exa API.